National Security (Apple and Pear Acquisition) Regulations (Amendment)

Overview

The Statutory Rules of 1942, No. 379, are Regulations made under the National Security Act 1939-1940. Enacted by the Governor-General, acting with the advice of the Federal Executive Council, these Regulations were introduced to further the objectives of the National Security Act, particularly in the context of the exigencies of wartime national security. The Regulations amend the National Security (Apple and Pear Acquisition) Regulations to adjust the composition and functioning of the Australian Apple and Pear Marketing Board, ensuring that it includes both the Executive Member and a Government Finance Member in its definition and sub-regulations. This adjustment reflects an effort to streamline and centralise decision-making processes within the Board, likely aimed at enhancing efficiency and coordination in the acquisition and marketing of apples and pears during a period of national crisis.

Scope and Application

The Statutory Rules 1942, No. 379, issued under the National Security Act 1939-1940, amend the National Security (Apple and Pear Acquisition) Regulations. These regulations specifically pertain to the definition and role of members within the Australian Apple and Pear Marketing Board, as well as the procedural requirements for meetings of the Board. The amendments clarify the composition of the Board, including the addition of a Government Finance Member, and establish a quorum of three members for Board meetings. Additionally, the chairman is granted both a deliberative and a casting vote in the event of a tie. This legislative instrument applies to the Commonwealth of Australia and impacts entities involved in the apple and pear industry by adjusting the governance and decision-making processes of the Australian Apple and Pear Marketing Board. The regulations do not specify any exclusions or thresholds, and their application extends through subordinate instruments as amended.

Key Provisions

The main operative sections of these Regulations amend the existing National Security (Apple and Pear Acquisition) Regulations by modifying the definition of "member" and the composition of the Australian Apple and Pear Marketing Board. Specifically, Regulation 1 redefines "member" to include "the Executive Member and the Government Finance Member". Regulation 2 adjusts the composition of the Marketing Board to include "an Executive Member and a Government Finance Member". Regulation 3 adds two new sub-regulations: firstly, it stipulates that three members shall constitute a quorum at any meeting of the Board, and secondly, it grants the chairman a deliberative vote at all Board meetings, along with a casting vote in the event of a tie. These amendments impose specific obligations on the members of the Australian Apple and Pear Marketing Board. Firstly, the inclusion of the Executive Member and the Government Finance Member in the definition of "member" and the Board's composition requires these individuals to participate in Board meetings and decision-making processes. The new requirement that three members constitute a quorum means that decisions can only be made if at least three members are present at any meeting. Additionally, the chairman is now granted a deliberative vote and a casting vote in the case of a tie, which enhances the chairman's role in the Board's proceedings. The Regulations do not explicitly outline offences, penalties, or consequences for breaches. However, given the context of national security and the importance of the Marketing Board's role, any failure to comply with these provisions could potentially lead to administrative or legal consequences under the broader National Security Act 1939-1940. While the specific penalties are not detailed in these Regulations, they could involve fines, sanctions, or other measures as prescribed under the overarching Act.